How to initiate international arbitration

International arbitration is the procedure followed in resolving all disputes and international issues arising in commercial and other partnerships between contracting parties. In the event of any dispute between them, they resort to international arbitration to settle their differences. In this article, we will discuss the stages involved in initiating international arbitration.

International Arbitration Procedures

The purpose of arbitration or resorting to international arbitration is the desire to resolve and settle all disputes arising between the parties involved. Consequently, there are some procedures aimed at obtaining a final judgment in that case and resolving the dispute therein. There are some fundamental procedures that must be adhered to in order for international arbitration to be accepted for that case.

First, the parties to the dispute must agree definitively and conclusively on the members of the arbitration panel and appoint the arbitrators. This is done by agreeing on one or more arbitrators through two methods: either by listing the agreed-upon individuals to represent the arbitration panel in the contract concluded between the parties to the dispute, or by agreeing on them directly once a dispute arises between them.

Afterward, the arbitrator or arbitrators agreed upon by the parties to the dispute must consent to perform that task. This consent must be expressed in writing, stating their neutrality and that they will carry out their duties without any actions that raise doubts.

The third procedure is through presenting the dispute to the arbitration panel. The arbitrator cannot begin issuing judgments on the disputed issue unless one of the parties presents the matter to the arbitration panel or requests international arbitration in a specific problem.

Commencing International Arbitration

The commencement of international arbitration can be done by lawyers or without lawyers. All that is required is for one of the parties to the dispute to directly and explicitly request international arbitration to present the dispute arising between them and the other party based on the terms of the agreements concluded between them.

The second stage is to submit the request, either through an arbitration document sent from one party to the other requesting recourse to international arbitration, or through sending a notice or warning to the respondent informing them that they will resort to the arbitration panel to settle the dispute between them.

Then you need to know the specific form for submitting the request, which can be done via email and there is no need to send it in paper copy, although it is preferable to have an additional paper copy.

This form includes an overview of the agreement concluded with the party to the dispute, along with the dispute itself and its parties, and all the relevant details.

After that, the party requesting arbitration must pay fees to the administrative institution responsible for the matter, which are non-refundable registration fees.

Agreeing on the arbitration date is a matter that can be agreed upon between the parties to the dispute.

Consequences of Initiating International Arbitration

When international arbitration begins, the statute of limitations is suspended, meaning that the time period for filing the request is not considered and does not fall under the jurisdiction of the dispute.

All powers of the parties to the dispute, such as rejecting the jurisdiction of the courts, are suspended.

If one of the parties fails to attend a session, it will not postpone or delay the consideration of the claim. Instead, their negligence and delay in attending the sessions will be taken into account, considered as a fault against them.

If the claimant fails to provide the required documents and attach them to the remaining documents, the claim will proceed with the available documents. If their strength is not proven in the claim, the claim will be rejected on the grounds of the claimant's failure to submit the required original documents.